Tarasoff+v.+Regents+of+University+of+California

Tarasoff v. Regents of University of California Supreme Court of California Argued 1976; Decided 1976

Background: In October 1969, Prosenjit Poddar informed a female acquaintance, Tatiana Tarasoff, he was romantically interested in her, but Tarasoff did not reciprocate those feelings. Subsequently, Poddar began seeing psychologist Dr. Lawrence Moore who was employed at Cowell Memorial Hospital of the University of California. Poddar confided in Dr. Moore that he was going to kill Tarasoff, and Dr. Moore informed campus police but never Tarasoff or her family. Poddar eventually did kill Tarasoff, and Tarasoff’s family filed suit against Dr. Moore and four other Regents from Cowell Memorial Hospital citing that they all had a legal responsibility to warn their daughter that Poddar had informed Dr. Moore that he was going to kill her.

Decision and Rationale: California’s Supreme Court had to make a decision in the sensitive arena of tort law concerning duty owed which is where the fundamental essence of the case stemmed from. Their decision was dependent upon two conflicting factors: preserving doctor-patient confidentiality or whether potential risk associated with withholding information between a patient and his therapist resulting in the harming of a party outside of that contract voids the confidentiality. “A duty of care may arise from either (a) a special relation between the actor and the third person which imposes a duty…or (b) a special relation between the actor and the other which gives the other a right of protection.” The court finally ruled in favor of Tarasoff stating, “The protective privilege [doctor-patient confidentiality] ends where the public peril begins.”

Impact: Even though this case, contextually, occurred in a postsecondary educational setting, the principle transcends into the primary grades and secondary grades backdrop. Teachers are responsible for reporting instances that may endanger themselves, their students, or any other individuals when told something that may theoretically be inherently confidential by a student. Teachers fit the “special relationship” criteria in regards to the “duty owed” obligation under tort law. In essence, teachers must act logically, prudently, and responsibly to protect the welfare of students, colleagues, and others when information they have been privy to factors into the safety and wellbeing of others.

Quiz Question:

True or False?

Teachers are to remain silent when they are told information by a student that could potentially endanger the wellbeing and safety of the student or another individual.


 * Completed Independently by Stephen Brooks

Submitted by Jose Ramirez Tarasoff v. Regents of University of California California Supreme Court Argued/Decided 1976

BACKGROUND: In October of 1969, Prosenjit Poddar murdered Tatiana Tarasoff. Her parents brought their case to California’s Supreme court on the basis that Poddar had confided to his therapist that he intended to murder Tarasoff. Although Dr. Moore, Poddar’s psychologist, warned campus police, Tarasoff or her family was never informed of the threats against her life. Tarasoff’s family claimed that the University of California, as well as the police department, had a duty to inform them of the potential threat.

DECISION AND RATIONALE: The Court had a tough decision to make regarding the need to disclose privileged information between a patient and his/her therapist. The court ruled when a hospital has information that a patient may be considering harming himself or others, then it is the duty of the hospital to exercise reasonable care which might prevent such harm. The court also explained that under such circumstances, a therapist making a determination that a patient might harm himself or others, does not have to make a perfect evaluation. The therapist only needs to exercise a reasonable degree of skill, knowledge, and care to make such evaluation.

IMPACT ON TEACHING: Teachers in the nation’s schools have a responsibility to their students. They are to provide a safe environment. It is their responsibility, as first responders, to determine if a situation needs to be addressed to higher authorities. When threats are made, we cannot stand by to see if they are actual or not. Schools have become more violent in recent years and yet parents still trust the school system with the safety and well-being of their children. Although we, as future teachers, will have access to private and privileged information, we must be able to decide when it is ok to disclose information, if the safety of others is at risk.

QUESTION: TRUE OR FALSE – Private information must never be disclosed to others.

Sandra Hansen Tarasoff v.Regents of University of California California Supreme Court Argued/Decided 1976 Background: Tatiana Tarasoff was told by Prosenjit Poddar that he was romantically interested in her. When she did not reciprocate those feelings Podder murdered her. He informed his therapist, psychologist Dr. Lawrence Moore that he was going to kill her. While more did in fact notify the campus police and the police responded, however, they never notified Tarasoff or her family of the possible danger to her life. The family filed suit against Dr. Moore and four other therapists from the hospital. The family claimed that the police and the therapists had a legal responsibility to inform them of the impending danger on Tarasoff’s life. Decision and Rationale: The California Supreme Court was put in a rather difficult situation. They had to make a decision that affects a patient’s right to privacy. They had to determine whether disclosing information between a patient and a therapist is necessary in the event that harm is possible for the patient or others. The court ruled in favor of the Tarasoff family. Impact: This case makes an impact on placing the responsibility on the educator to report instances of abuse or threatened abuse against the student, or other persons. The teacher is required to report such things as mandated by law. Quiz Question: T/F? A teacher is required to maintain confidentiality with the students no matter what.